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Xiaomi wins MI trademark lawsuit

via:IT之家     time:2021/11/3 14:01:18     readed:252

IT home on November 3 news, recently, Xiaomi Technology Co., Ltd. and the State Intellectual Property Office of other first instance of the administrative judgment public.

According to Qizhuacha, the trademark involved is a domain name related graphic trademark registered by Xiaomi Company. The court found that the Xiaomi trademark registered by others has been revoked, and Xiaomi company has obtained the transfer of MI trademark. The result of the judgment is the rejection of the reexamination decision of the revocation of millet's domain name graphics trademark.

According to the administrative judgment, the court found that the trademark no. 9927567 "Millet" (trademark I cited) had not been used for three consecutive years and had now been revoked after revocation of the second instance proceedings. International Registration No. 1331842F "MI" trademark (cited trademark II) was transferred to the plaintiff. The above facts are supported by trademark litigation and trademark cited trademark files, application for trademark rejection review, evidence submitted by the plaintiff and court records.

IT Home understands that the court held that in view of the cancellation of the cited trademark I and the transfer of the cited trademark II to the plaintiff in this case, the obstacles to the right of disputing the trademark registration have changed and affected the outcome of the case, the court hereby quashed the decision being sued. The defendant shall re-examine and make a decision on the basis of the new facts, but the costs of accepting the case shall still be borne by the plaintiff.

The court ruled as follows:

1. Revoke the Written Decision on The Reexamination of the Trademark Rejection of No. 25990705 "Xiaomi.com MI and Picture" made by the defendant, Shang Pingzi [2020] No. 346743;

2. The defendant's State Intellectual Property Office made a new decision.

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